Stephen Cabral, 40, of Mainers' Lane, Pembroke, said that he had been trawling in the Southwest protected area with his friend on August 11 in his boat the Sea Scorpion , and had caught several tuna, barracudas and mackerel.

"We put an anchor down to chum up, but it got stuck so we left the anchor there.'' he told the court.

"In my opinion I was close to the protected area but not in it, though there are no buoys or signs letting you know where the (protected) area is.'' Earlier the Crown alleged that Cabral was fishing inside the Southwest protected area -- an area that was mainly intended to protect the spawning of hinds -- and officers boarded his boat on August 12.

Fisheries Inspector Mr. David Vallis, said the fish on board were all seized and included a speckled hind, though he admitted that he made no attempt to investigate whether Cabral's statement that he caught the fish the day before was true.

"I told him he was fishing in a protected area and that I was seizing his boat, equipment and fish,'' Vallis said."I don't recall him disputing that he was in a restricted area.'' However Cabral maintained that the seized fish had been caught the day before.

After leaving the anchor marked by buoys on August 11, Cabral said he then went to another spot some three to four miles away from the spot where the anchor was stuck.

There he said he caught several other fish including several rainbow runners, black jacks and a tiny hind which he tried to return but it was already dead.

"We left there around 9.30 p.m. and went back to the spot where the anchor was because I wanted to get it back. I couldn't get it so I left the fish on the boat with a little ice until the next day.'' The following day Cabral said he picked up two other men who he said promised to help him clean the fish and assist him in getting the anchor back.

"We trawled close to the spot where the anchor was for about half an hour but the weather was getting bad so I decided to set up where the anchor was to clean the fish.

"The two guys left the lines out because they were tangled in seaweed and one of them got sea sick and sat on the engine box. I was trying to get the boat straightened out when the officials came on board.'' The case will continue before Magistrate the Wor. Charles-Etta Simmons on May 31. Cabral is represented by lawyer Mr. Tim Marshall, while Mr. Melvin Douglas appears for the Crown.